40 votes

Utah teen athlete faces threats after state official posted photos questioning her gender

10 comments

  1. TanyaJLaird
    Link
    What I wish is just one of the bills proposing trans bathroom bans, sports restrictions, etc. would have language in it addressing people falsely accusing others of being trans or telling people...
    • Exemplary

    What I wish is just one of the bills proposing trans bathroom bans, sports restrictions, etc. would have language in it addressing people falsely accusing others of being trans or telling people to leave restrooms the laws are demanding they use.

    Some of these laws include private causes of action. They allow a cis person to sue a trans person for using the "wrong" bathroom. Instead trans people are required to use the one that corresponds with their assigned gender at birth. But there is no corresponding cause of action for telling trans people to not use the restroom the law requires.

    For example, I myself am a trans woman. I transitioned years ago, and no one bats an eye when I use a restroom. Even if I went to a state where this is illegal, likely nothing would ever come up. But if I went to Florida, I would be legally required to use the men's restroom. Of course, the people who care about trans people in bathrooms are also completely ignorant when it comes to what trans people actually look like. They would see me in the men's bathroom, conclude I'm in the wrong one, and try to force me out. I could be assaulted by an ignorant civilian or even arrested by an ignorant police officer for doing the very thing the law requires.

    If you actually weren't prejudiced against trans people, but still wanted to strictly regulate bathroom usage, then the regulations would both restrict and protect trans people. You want to legally force trans people to use a certain bathroom? Fine. Let me sue anyone who tells me to leave that bathroom for $50k plus court costs and attorneys fees. Going to force me to use that bathroom? Fine. Make it a felony for anyone to try and force me to use the other restroom, punishable for a mandatory penalty of whatever the maximum penalty I would face for using the women's restroom.

    This could also be done for sports teams. Are you accusing someone of being trans and playing on a team they're not legally allowed to play on? Fine, but you better be damn sure about that accusation. Because if you're wrong, YOU will face whatever criminal or civil penalty a trans person would face for being on the "wrong" team. Such a rule would put an end to this bullying behavior pretty quick.

    But that's of course not how these laws are written. They're written to force trans people into situations where they have to out themselves in dangerous and uncomfortable ways. And then in turn they provide no protections for trans people from the risks that are created by these laws. Instead, trans people are forced with a choice. Use the restroom that you should, that you probably even visually fit more into, and you break the law and could get arrested. If you follow the law, and use the other bathroom, than you can be assaulted. And when trans people are assaulted for using the restroom that the law requires them to, usually the police will arrest the trans person for defending themselves. Trans people, like most minorities, don't really have the right to self defense. In practice, the right of self-defense is reserved for white hetero people. It really doesn't exist in any meaningful way for marginalized groups. (Compare right wingers openly brandishing semi-automatic weapons to black teens being murdered by police for reaching for something that simply could be a gun. In practice, the 2nd amendment only applies to white straight people. If you're the right type of person, you get 2nd amendment rights protected. If you're not, you get shot for even potentially reaching for a gun.)

    This is how sports bans should be written, if you insist on writing them at all. If you want to legally restrict the teams people play on, then you need to provide very strong protections against false accusations of violating that law. Falsely accuse someone of being on the wrong high school sports team? You should be paying for their college.

    44 votes
  2. [5]
    kfwyre
    (edited )
    Link
    I'm trying to get better about not commenting in anger because it's almost always counterproductive, and I hate that it contributes to an internet environment that at times seems entirely...

    I'm trying to get better about not commenting in anger because it's almost always counterproductive, and I hate that it contributes to an internet environment that at times seems entirely outrage-fueled, but reading this, as a teacher, makes me viscerally angry.

    This is an explicit instance of an adult cyberbullying a child. Full stop.

    That alone would be bad enough, but it came from a school board member: someone who is actively responsible for the stewardship of the children in that district.

    To say this was a dereliction of duty is an understatement.

    I know that, as a teacher in the US, I have to be very careful about anything I share regarding students. FERPA is a pretty significant law. I don't know how or if that applies to school board members, but it feels right that she should potentially have to face some legal consequences for her behavior.

    31 votes
    1. [4]
      kfwyre
      Link Parent
      Also, to share something besides anger: To every trans kid out there and also every cis kid who doesn't look the way people think they should and every non-binary person who doesn't quite fit the...

      Also, to share something besides anger:

      To every trans kid out there and also every cis kid who doesn't look the way people think they should and every non-binary person who doesn't quite fit the narrow lanes we ask people to and every gender non-confirming kid out there who makes a deliberate statement about their identity with how they choose to present themselves, please know that there are adults out there who care about you and support you and want you to be able to live lives filled with dignity and joy.

      32 votes
      1. [3]
        chocobean
        Link Parent
        To add to this: Recently I went to Granville Island, in Vancouver BC. It's a big top ten type tourist destination for the city, like Pike Place Market in Seattle or Times Square for NYC. And they...

        To add to this:

        Recently I went to Granville Island, in Vancouver BC. It's a big top ten type tourist destination for the city, like Pike Place Market in Seattle or Times Square for NYC. And they had an Everyone bathroom. It's floor to ceiling doors for many stalls, and sinks to wash. People went in together and leave and it's just a washroom.

        it's so ordinary and functional and wonderful that I would be very surprised if they aren't the norm in 30 years.

        Hang in there, kids. We're rooting for all of you and we're out there voting and trying to change what we can.

        12 votes
        1. DefinitelyNotAFae
          Link Parent
          To add more good news: I work at a university that has multiple residence hall floors with all-gender bathrooms on them. We have a "rainbow" floor for all queer and trans folks (and "allies" we...

          To add more good news: I work at a university that has multiple residence hall floors with all-gender bathrooms on them. We have a "rainbow" floor for all queer and trans folks (and "allies" we see you too when you can't tell your family). All our single bathrooms on campus are "all gender" labeled.

          And our new building is slated to only have single stall bathrooms/showers. All gender for everyone.

          Happy* and healthy** queer and trans adults exist and we're fighting for you.

          *Ok we're trying but it's mostly capitalism, and the world. We still find happiness.
          **US healthcare sucks, but again, we're trying.

          13 votes
  3. chocobean
    Link
    What an awful, and dangerous, person. And this person is just getting more emboldened and terrible every time this person is getting away with yet more actions like this. I hope that poor girl and...

    What an awful, and dangerous, person. And this person is just getting more emboldened and terrible every time this person is getting away with yet more actions like this.

    I hope that poor girl and her family stay safe and can remain safe.

    This is definitely not okay whether or not the teen is in fact trans or not: the intention was clearly to invite violence upon a young person.

    I can't believe this isn't criminal, let alone not even being to remove this awful person from being anywhere near children

    25 votes
  4. guttersnipe
    Link
    I wonder if she can be charged with anything more than being a miserable, piece of shit person? Resignation from the school board doesn’t seem like enough (if that actually happens). Fuck these...

    I wonder if she can be charged with anything more than being a miserable, piece of shit person? Resignation from the school board doesn’t seem like enough (if that actually happens).

    Fuck these people and their supporters. They are fomenting hate and violence based on bullshit white christian nationalism. They are a hate group. Fuck these people. Hard. This shit makes me livid.

    8 votes
  5. [2]
    babypuncher
    Link
    I fucking hate living in this goddamn shithole of a state. Sorry, just needed to vent.

    I fucking hate living in this goddamn shithole of a state.

    Sorry, just needed to vent.

    9 votes
    1. teaearlgraycold
      Link Parent
      I'm sorry. I hope things get better for you.

      I'm sorry. I hope things get better for you.

      1 vote